Page No.# 1/ vs The State Of Assam And 2 Ors on 16 February, 2026

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                              Page No.# 1/10

GAHC010029862026




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/852/2026

         ASSAM STATE TEXT BOOK CORPORATION EMPLOYEES UNION AND 36
         ORS.
         REPRESENTED BY THE PRESIDENT KAMESWAR SWARGIARY, PRESENTLY
         WORKING AS DRIVER, THE ASSAM STATE TEXT BOOK PRODUCTION
         PUBLICATION CORPORATION LIMITED A GOVT. OF ASSAM
         UNDERTAKING GNB ROAD, PANBAZAR, GUWAHATI-781001 AND SON OF
         LATE BINARAM SWARGIARY, WORKING AS DRIVER, RESIDENT OF VILL-
         PUNIAGAON, P.O. BHAKATPARA, P.S.KALIAGAON, DIST. ODALGURI-
         784190

         2: MUNIN KUMAR DAS

          RETIRED ASUDA
          SON OF LATE SITARAM DAS
          RESIDENT OF VILLAGEP.O-KEOTKUCHI
          P.S-BARPETA
          DIST-BARPETA
          PIN-781309.

         3: RATUL BARMAN

          WORKING AS NIGHTCHOWKIDAR
          SON OF LATE EMCH. BARMAN
          RESIDENT OF VILL-DANGUAPARA
          P.O. BANEKUCHI
         P.S-NALBARI
          DIST-NALBARI781340.

         4: PUTUL CH BARMAN

          WORKING ASPEON
          SON OF LATE BASIRAMBARMAN
          RESIDENT OF VILLLAKHIPUR
          P.O. DEBASARA
                                                     Page No.# 2/10

P.S.-BORBORI
DIST BASKA
B.T.R.PIN-781333.

5: AJAY SARMA
WORKING AS NIGHTCHOWKIDAR
 SON OF LATEPRANKRISHNA SARMAH
 RESIDENTOFVILLP.O-BARNARDI
 P.S-BELSOR
 DIST NALBARI-781303.

6: KRISHNA KANTA BORO

WORKING ASSUPERINTENDENT
SON OF SRIBASANTA RAM BORO
RESIDENTOF H. NO. 132 SWAHIDKHARGESWAR PATH
KRISHNANAGAR P.O JAPARIGOG
P.SDISPUR
GHY-781005

7: THANESWAR BASUMATARY

WORKINGAS DRIVER
 SON OF SRI MANHARIBASUMATARI
 RESIDENT OF VILL-PURANSREEPUR
 P.O. MEDAGH.P.S.-BARAMA
 DIST-BAKSAASSAM
781355.

8: RAMESH CHANDRA SARMAH

WORKINGAS I/C MANAGER COMMERCIAL
SON OF LATE BISWA NATH SARMA
RESIDENT OF H.NO. 4A WESTSIVANAGAR NEAR SIVMANDIR 2NO. MATH
GHARIA
P.O P.SNOONMATI
KAMRUP M-GUWAHATI-781020.

9: TAPAN DEKA
 PRESENTLY WORKING ASPROOF READER
 SON OF LATE CHANDRA DEKA
 RESIDENT OFVILLAGE BANGAON
 P.OBANGAON CHOWK
 P.S BELSOR DISTRICT NALBARI
 PIN-781303.

10: TAHIDUR JAMAN TALUKDAR
                                                  Page No.# 3/10

 PRESENTLY WORKING AS UDA
SON OF SRI ABDUR RAHMANTALUKDAR
 RESIDENT OFVILLAGE SONAPUR
 P.O MUGDI
P.S MUKALMUA
 DISTRICTNALBARI
 PIN-781312.

11: ABDUL AZIZ

WORKING AS NIGHTCHOWKIDAR
SON OF LATEAZIZUR RAHMAN
RESIDENT OFVILL-NAYAPARA
AGIA ROAD
WARD NO-5
P.O GOALPARA
DIST-GOALPARA
781310.

12: BINITA BAISHYA
 WIFE OF LATE JITEN BAISHYA DIED ON 16.07.2023
WAS WORKING AS PEON
RESIDENT OF HENGRABARI
LICHUBAGAN SANKARDEV NAGAR
P.O HENGRABARI
 P.S DISPUR
GUWAHATI-
 PIN781036

13: DIGANTA DEKA

 WORKING AS ASSTT.MANAGER PRODUCTION
 SON OFLATE DURGESWAR DEKA
RESIDENT OF VILL-CHANDAKUCHI
 P.O GOPALTHAN
P.S.- NALBARI DIST-NALBARI
ASSAM.

14: JAYANTA TALUKDAR

ORKING ASPEON
SON OF LATE JATINDRANATH TALUKDAR
RESIDENTOFVILL-GAYANHATI
WARD NO-07 P.OP.S BARPETA
DISTBARPETA
781301.

15: MAZIDA TALUKDAR
                                               Page No.# 4/10

WIFE OF LATENABIR ALI DIED ON 22.04.2021
WAS WORKING AS PRODUCTION MANAGER
RESIDENT OF HOUSENO.9
HEYDATPUR
GUWAHATICLUB
P.O SILPUKHURI
P.SLATASIL
DISTRICT KAMRUP
PIN 781003.

16: JUNU BARMAN DAS

 WIFE OF LATEDIGANTA DAS DIED ON16.05.2021
 WAS WORKING ASIN-CHARGE AT CHANGSARIGODOWN
 RESIDENT OF HOUSENO.1
 BYLANE NO.5
AGALI PATH
AMBIKAGIRI NAGAR ZOO ROAD
P.O ZOOROAD
 P.S GEETANAGAR
DISTRICT KAMRUP M
 PIN781003.

17: BASUDHAR DEKA

RETIRED ASSUPERINTENDENT
SON OF LATELALIT CH. DEKA
RESIDENTOFHOUSE NO 01A NEAR S.R.ACADEMY
YUBA NAGAR
FORESTGATE GUWAHATI-26
DISTKAMRUP M ASSAM.

18: SURESH MAHATO

WORKING AS NIGHCHOWKIDAR
SON OFLATEGANESH MAHATO
RESIDENT OFVILL HASSANPUR
P.-HASSANPUR MATHIA. P.S BAROLI
DIST-GOPALGANJ BIHAR841405.

19: THANESWAR DEKA

WORKING ASRETIRED DRAFTY
SON OF LATEBIANDI RAM DEKA
RESIDENT OFMATHGHARIA GEETA MANDIR
P.O.GEETA NAGAR
P.S-GEETA NAGARGUWAHATI.
                                                      Page No.# 5/10

20: FAKARUDDIN BARBHUIYA

WORKINGAS NIGHT CHOWKIDAR
SON OFLATE JUNAB ALI BARBHUYAN
RESIDENT OF VILL P.GANGPAR DHUMKAR. P.S HAILAKANDI
DIST-HAILAKANDIASSAM
PIN NO. 788152.

21: SARAT CH BAISHYA
 RETIRED AS DRIVER
 SON OF LATE HARKANTABAISHYA
 RESIDENT OF LICHUBAGAN HENGARABARI
 P.OHENGARABARI P.S. DISPURGUWAHATI-781036.

22: BHASKAR JYOTI DEKA

WORKING ASASSTT. MANAGER PRODUCTION
SON OF SRI HANGSHA NATH DEKA
SEUJI PATH CHILARAI PATH
RESIDENT OF BALIKORIA
KHARJARA
GOPAL BAZAR
P.S-NALBARI
DIST NALBARI-781353.

23: DEBENDRA CHANDRA DEKA

RETIREDAS DRAFTY
SON OF LATEKHARGESWAR DEKA
RESIDENT OFVILL DAHINAGAON
P.ODAHINAGAON. P.S MANGALDOI
DIST-DARRANG ASSAM

24: AINUL HAQUE BARBHUIYA

WORKINGAS PEON
SON OF LATE CHANDUBARBHUYAN
RESIDENT OF VILL MEHERPUR
P.O. MEHERPUR
P.S-SILCHAR
DIST-SILCHAR
780015

25: PARESH CH THAKURIA

RETIRED ASDRAFTY
SON OF LATE BHATHAKURIA
RESIDENT OF VILLSURADI SATAPARA
                                                 Page No.# 6/10

P.OGOBRADAL. P.S NALBARI
DIST-NALBARI ASSAM.

26: MUNI KRISHNA SARMA
WORKING ASMANAGER ESTABLISHMENT
 SONOF SRI BRAJA NATH SARMA
RESIDENT OF H.NO. 51
 DR ZAKIRHUSSAIN ROAD
 MATHURA NAGAR
DISPUR
 GUWAHTI-781006

27: SUBHAKOR LASKAR

WORKING ASARTIST
SON OF LATE NARENDRANATH LASKAR
RESIDENT OF BIJOIAPARTMENT M.C. BORO ROAD
MANAPARA P.OP.S-FATASHILAMBARI GUWAHATI-25.

28: BISHNU RAM BORO

RETIRED ASDRAFTY
SON OFSRI BASANTA RAMBORO
RESIDENT OF HOUSENO.132 SWAHID KHARGESWARPATH
KRISHNA NAGAR P.OJAPARIGOG
P.S-DISPUR
GHY781005.

29: BRAJEN BARMAN

 WORKING AS DRIVER
SON OF SRI MATHORAM BARMAN
RESIDENT OF VILL-TOUMURA
P.O. KENDUKUCHI
 P.S NALBARI
DIST NALBARI-781341.

30: HEMANGA DAS
WORKING AS U.D.A
 SONOF LT MADAN MOHAN DAS
RESIDENT OF VILL-KEOTKUCHIP.O. BHELLA
 P.S-BARPETA DIST-BARPETA
ASSAM

31: NAGEN CH BARMAN
WORKING ASDRAFTY
 SON OF LATE SURENBARMAN
 RESIDENT OF PANJABARINABAJYOTI NAGAR
                                                   Page No.# 7/10

P.O. BAGHARBARI TINIALI
P.S.SATGAON
DISTRICT KAMRUP M
ASSAM
PIN NO. 781037.

32: JUBUL KR CHOUDHURY

WORKING ASU.D.A
SON OF LATE KARUNAKANTA CHOUDHURY
RESIDENT OFVILLP.O-ZIAKUR
P.S.-CHAYAGAON. DIST-KAMRUP RASSAM
PIN NO.781134.

33: JOGENDRA NATH SARMAH

 RETIREDAS DRAFTY
 SON OF SRIMAHENDRA NATH SARMAH
RESIDENT OF VILL-BONGAON
P.O. KENDUA
 P.S. BAIHATACHARIALI
 DISTKAMRUPR ASSAM

34: ANIL HALOI

 RETIRED AS NIGHTCHOKIDAR
 SON OF LATEGUDARAM HALOI
 RESIDENT OFVILL-SRABARI HAJO
 P.O HAJO
P.S- HAJO
 DIST - KAMPRUPRASSAM.

35: HIRAK KUMAR BARUAH

WORKING ASU.D.A.
SON OF LATEKUMUDESWAR BARUAH
RESIDENTOF VILLP.OP.S--AZARA
DISTRICT -KAMRUP M ASSAM
GUWAHATI-781017.

36: GUNAJIT BAYAN

WORKING AS NIGHTCHOWKIDAR
SON OF SRI LATENARAYAN CH. BAYAN
RESIDENTOF VILL - BARHATI
WARD NO.-07P.OP.S- BARPETA. DISTBARPETA-781301.

37: RAMESH DEKA
                                                                       Page No.# 8/10


             WORKING AS PEON
             SONOF LATE PARASURAM DEKA
            RESIDENT OF VILL - JARGAON
            P.O-JALJALI PS.-MANAGALDAI
            DIST-DARRANG

            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENTOF ASSAM,
            DEPARTMENT OFSCHOOL EDUCATIONELEMENTARY, ASSAM
            CIVILSECRETARIAT, BLOCK-C, DISPUR,GUWAHATI-6.

            2:THE ASSAM STATE TEXT BOOK PRODUCTION AND PUBLICATION
            CORPORATION LIMITED

            REPRESENTED BY ITS MANAGING DIRECTOR
            GNB ROAD
            PANBAZAR
            GUWAHATI-781001.

            3:THE SECRETARY TO THE GOVT OF ASSAM
             FINANCE EC-III DEPARTMENT
            ASSAM CIVIL SECRETARIAT
             DISPUR
            GUWAHATI-6

Advocate for the Petitioner   : MR. S K DAS, T PADUNG

Advocate for the Respondent : SC, ELEM. EDU, SC, ASTBP,SC, FINANCE




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

16.02.2026 Heard Mr. S.K. Das, learned counsel for the petitioner.

2. The petitioners before this Court are the Assam State Textbook Corporation Employees Union. The grievances of the petitioners are that in terms of the directions by this Court earlier, in a Writ petition filed by the said Page No.# 9/10

Union, on submissions made before the Court by the Assam State Textbook Production and Corporation Limited that the matter was under active consideration and views of Senior Finance and Accounts Officer of the School Education Department are awaited and once the views are received, the department will pass appropriate order to proceed with the pension trust which is set up for the benefits of the employees. In view of such submissions, the writ petition was closed with a direction to the respondents to expeditiously take a decision in the matter in terms of the earlier decision arrived at to set up a pension trust for the employees of the Assam State Textbook Production and Corporation Limited.

3. Pursuant thereto, by the order dated 19.02.2025, the Department of School Education had passed an order therein, it was decided that the pension is a contributory system from the employees and if no such contribution is made by the employees, they shall not be entitled to the pensionary benefits and hence the matter of pension trust is subject to the above. Being aggrieved, the present writ petition has been filed.

4. The grievances urged before this Court are that the very purpose of setting of the trust is to redress the grievances of the petitioners towards their claims of pensionary benefit. The fund required for disbursing the pension has already been contributed by the Government. However, inspite of that and inspite of the earlier decision taken by the corporation, the Department of School Education has now proceeded to allow the pension only on the basis of contributory system which is contrary to the decision and conclusions arrived at earlier by the competent authorities. Being aggrieved, the present writ petition has been filed.

5. Mr. R.R Gogoi, learned counsel appears for the respondent No. 2; Mr. R Page No.# 10/10

Dhar, learned Addl. Senior Government Advocate appears for the respondent No. 1 and Mr. A Barthakur, learned counsel appears for the respondent No. 3.

6. Issue Notice, returnable in four weeks.

7. Since all the respondents are represented, notices are waived. However, extra copies be furnished within one week from today.

8. Pendency of the writ petition shall not be a bar for the respondents to ameliorate their grievances.

9. Issue notice on the interim prayer, returnable on 20.03.2026.

10. List on 20.03.2026.

JUDGE

Comparing Assistant